SB368, s. 141
24Section
141. 853.13 of the statutes is repealed and recreated to read:
SB368,37,2
1853.13 Contracts. (1) A contract to make a will or devise, not to revoke a will
2or devise or to die intestate may be established only by any of the following:
SB368,37,33
(a) Provisions of a will stating the material provisions of the contract.
SB368,37,54
(b) An express reference in a will to a contract and extrinsic evidence proving
5the terms of the contract.
SB368,37,76
(c) A valid written contract, including a marital property agreement under s.
7766.58 (3) (e).
SB368,37,88
(d) Clear and convincing extrinsic evidence.
SB368,37,10
9(2) The execution of a joint will or mutual wills does not create a presumption
10of a contract not to revoke the will or wills.
SB368, s. 142
11Section
142. 853.15 (1) of the statutes is renumbered 853.15 (1) (a) and
12amended to read:
SB368,37,1713
853.15
(1) (a) Unless the will provides otherwise,
this subsection applies if a
14will gives a
bequest or devise to one beneficiary and also clearly purports to give to
15another beneficiary
a property
interest which that does not pass under the will but
16belongs to the first beneficiary by right of ownership, survivorship, beneficiary
17designation
, election under s. 861.02 (1) or otherwise
.
SB368,37,24
18(b) If the conditions in par. (a) are fulfilled, the first beneficiary must elect
19either to take under the will and transfer his or her property
interest in accordance
20with the will
, or to retain his or her property
interest and not take under the will.
21If the
first beneficiary elects not to take under the will, unless the will provides
22otherwise
the bequest or his or her devise
given him or her under the will
is to shall 23be assigned
by the court to the other beneficiary
in lieu of the property interest which
24does not pass under the will.
SB368,38,3
1(c) This section does not require an election if the property
interest belongs to
2the first beneficiary
by reason because of transfer or beneficiary designation made
3by the decedent after the execution of the will.
SB368, s. 143
4Section
143. 853.16 (title) of the statutes is repealed.
SB368, s. 144
5Section
144. 853.16 (1) of the statutes is renumbered 853.32 (2) (a).
SB368, s. 145
6Section
145. 853.16 (2) of the statutes is renumbered 853.32 (2) (b) and
7amended to read:
SB368,38,118
853.32
(2) (b) Another document under
sub. (1) par. (a) is valid even if it does
9not exist when the will is executed, even if it is changed after the will is executed and
10even if it has no significance except for its effect on the disposition of property by the
11will.
SB368, s. 146
12Section
146. 853.19 of the statutes is repealed and recreated to read:
SB368,38,14
13853.19 Advancement. The effect of a lifetime gift by the testator on the rights
14of a beneficiary under the will is governed by s. 854.09.
SB368, s. 147
15Section
147. 853.25 (1) of the statutes is repealed and recreated to read:
SB368,38,1916
853.25
(1) Children born or adopted after making of the will. (a)
17Applicability. Except as provided in sub. (5), if a will fails to provide for a child of the
18testator born or adopted after execution of the will, the child is entitled to a share of
19the estate unless any of the following applies:
SB368,38,2120
1. It appears from the will or from other evidence that the omission was
21intentional.
SB368,38,2522
2. The testator provided for the omitted child by transfer outside the will and
23the intent that the transfer be in lieu of a testamentary provision is shown by the
24testator's statements or is reasonably inferred from the amount of the transfer or
25other evidence.
SB368,39,8
1(b)
Share if testator had no living child at execution. Except as provided in sub.
2(5), if a will fails to provide for a child of the testator born or adopted after the
3execution of the will and the testator had no child living when he or she executed the
4will, the omitted child receives a share in the estate equal in value to that which the
5child would have received under ch. 852. This paragraph does not apply if the will
6devised all or substantially all of the estate to or for the benefit of the other parent
7of the omitted child and that other parent survives the testator and is entitled to take
8under the will.
SB368,39,139
(c)
Share if testator had living child at execution. Except as provided in sub.
10(5), if a will fails to provide for a child of the testator born or adopted after the
11execution of the will and the testator had one or more children living when he or she
12executed the will and the will devised property to one or more of the then-living
13children, the omitted child is entitled to share in the testator's estate as follows:
SB368,39,1514
1. The portion that the omitted child is entitled to share is limited to devises
15made to the testator's then-living children under the will.
SB368,39,1916
2. The omitted child is entitled to receive the share of the testator's estate, as
17limited in subd. 1., that the child would have received had the testator included all
18omitted after-born and after-adopted children with the children to whom devises
19were made under the will and had given an equal share of the estate to each child.
SB368,39,2220
3. To the extent feasible, the interest granted an omitted child under this
21section shall be of the same character, whether equitable or legal, present or future,
22as that devised to the testator's then-living children under the will.
SB368,40,223
4. In satisfying a share provided by this paragraph, devises to the testator's
24children who were living when the will was executed abate ratably. In abating the
1devises of the then-living children, the court shall preserve to the maximum extent
2possible the character of the testamentary plan adopted by the testator.
SB368,40,63
(d)
Rights of issue. Except as provided in sub. (5), if a child entitled to a share
4under this section dies before the testator, and the child leaves issue who survive the
5testator, the issue who represent the deceased child are entitled to the deceased
6child's share.
SB368, s. 148
7Section
148. 853.25 (2) of the statutes is amended to read:
SB368,40,178
853.25
(2) Living issue omitted by mistake. If Except as provided in sub. (5),
9if clear and convincing evidence proves that
by mistake or accident the testator failed
10to provide in the testator's will for a child living at the time of making of the will, or
11for the issue of any then deceased child,
by mistake or accident, including the
12mistaken belief that the child or issue of a deceased child was dead at the time the
13will was executed, the child or issue is entitled to receive a share in the estate of the
14testator
equal in value to the share which the child or issue would have received if
15the testator had died intestate. But failure, as provided under sub. (1), as if the child
16or issue was born or adopted after the execution of the will. Failure to mention a child
17or issue in the will is not in itself evidence of mistake or accident.
SB368, s. 149
18Section
149. 853.25 (4) of the statutes is amended to read:
SB368,40,2119
853.25
(4) From what estate share is to be taken. Except as provided in sub.
20(5), the court shall in its final judgment assign
the
a share provided
by this section 21under sub. (1) (b) as follows:
SB368,40,2222
(a)
From any First, from intestate property
first;.
SB368,41,423
(b)
The Any balance from each
of the beneficiaries devise to a beneficiary under
24the will in proportion to the value of the estate each
beneficiary would have received
25under the will as written
, unless. If the
obvious intention of the testator
, shown by
1clear and convincing evidence, in relation to some specific gift or other provision in
2the will would
thereby be defeated
, in which case by assignment of the share as
3provided in this paragraph, the court may adopt a different apportionment and may
4exempt a specific
gift devise or other provision.
SB368, s. 150
5Section
150. 853.25 (5) of the statutes is amended to read:
SB368,41,176
853.25
(5) Discretionary power of court to assign different share. If in any
7case under sub. (1) or (2) the court determines that the
intestate share is
in a
larger 8different amount
than or form from what the testator would have wanted to provide
9for the omitted child or issue of a deceased child,
because it exceeds the value of a
10provision for another child or for issue of a deceased child under the will, or that
11assignment of the intestate share would unduly disrupt the testamentary scheme, 12the court may in its final judgment make such provision for the omitted child or issue
13out of the estate as it deems would best accord with the
probable intent of the testator
, 14such as assignment, outright or in trust, of any amount less than the intestate share
15but approximating the value of the interest of other issue, or modification of the
16provisions of a testamentary trust for other issue to include the omitted child or
17issue.
SB368, s. 151
18Section
151. 853.27 of the statutes is repealed and recreated to read:
SB368,41,20
19853.27 Lapse. The rights under a will of a beneficiary who predeceases the
20testator are governed by s. 854.06.
SB368, s. 152
21Section
152. 853.29 of the statutes is amended to read:
SB368,41,25
22853.29 After-acquired property. A will is presumed to pass all property
23which that the testator owns at the testator's death and
which that the testator has
24power to
transmit transfer by will, including property acquired
by the testator after
25the execution of the will
or acquired by the testator's estate.
SB368, s. 153
1Section
153. 853.32 of the statutes is created to read:
SB368,42,4
2853.32 Effect of reference to another document. (1) Incorporation. A
3will may incorporate by reference another writing or document if all of the following
4apply:
SB368,42,65
(a) The will, either expressly or as construed from extrinsic evidence, manifests
6an intent to incorporate the other writing or document.
SB368,42,77
(b) The other writing or document was in existence when the will was executed.
SB368,42,98
(c) The other writing or document is sufficiently described in the will to permit
9identification with reasonable certainty.
SB368,42,1010
(d) The will was executed in compliance with s. 853.03 or 853.05.
SB368,42,11
11(2) Disposition of tangible personal property.
SB368,42,2012
(c) If the document described in par. (a) is not located by the personal
13representative, or delivered to the personal representative or circuit court with
14jurisdiction over the matter, within 30 days after the appointment of the personal
15representative, the personal representative may dispose of tangible personal
16property according to the provisions of the will as if no such document exists. If a
17valid document is located after some or all of the tangible personal property has been
18disposed of, the document controls the distribution of the property described in it, but
19the personal representative incurs no liability for the prior distribution or sale of the
20property, as long as the time specified in this paragraph has elapsed.
SB368,42,2221
(d) The duties and liability of a person who has custody of a document described
22in par. (a), or information about such a document, are governed by s. 856.05.
SB368,42,2423
(e) Beneficiaries under a document that is described in par. (a) are not
24interested parties for purposes of s. 879.03.
SB368,43,3
1(3) Transfers to living trusts. The validity and implementation of a will
2provision that purports to transfer or appoint property to a living trust are governed
3by s. 701.08.
SB368, s. 154
4Section
154. 853.325 of the statutes is created to read:
SB368,43,11
5853.325 Effect of reference to acts or events. A will may dispose of
6property by reference to acts or events that have significance apart from their effect
7on the disposition of property under the will and that do not occur solely for the
8purpose of determining the disposition of property under the will. Reference to the
9execution or revocation of another individual's will fulfills the requirements under
10this section. This section applies whether the acts or events occur before or after
11execution of the will or before or after the testator's death.
SB368, s. 155
12Section
155. 853.33 of the statutes is repealed and recreated to read:
SB368,43,14
13853.33 Gift of securities. Section 854.11 governs gifts of securities under a
14will.
SB368, s. 156
15Section
156. 853.35 of the statutes is repealed and recreated to read:
SB368,43,18
16853.35 Nonademption of specific gifts in certain instances. The rights
17of a beneficiary with respect to a specific gift that is destroyed, damaged, sold or
18condemned before the testator's death are governed by s. 854.08.
SB368, s. 157
19Section
157. 853.40 of the statutes is repealed and recreated to read:
SB368,43,21
20853.40 Disclaimer. A person to whom property would otherwise pass under
21a will may disclaim all or part of the property as provided in s. 854.13.
SB368, s. 158
22Section
158. 853.41 of the statutes is created to read:
SB368,43,25
23853.41 Applicability of general transfers at death provisions. Chapter
24854 applies to transfers under wills, including transfers under a Wisconsin basic will
25or basic will with trust.
SB368, s. 159
1Section
159. Subchapter II (title) of chapter 853 [precedes 853.50] of the
2statutes is created to read:
SB368,44,54
Subchapter II
5
Wisconsin basic wills
SB368, s. 160
6Section
160. 853.50 (1) of the statutes is amended to read:
SB368,44,97
853.50
(1) "By right of representation" means
that the issue of a deceased
8person inherit the share of an estate that their immediate ancestor would have
9inherited, if living according to the method specified in s. 854.04 (1).
SB368, s. 161
10Section
161. 853.50 (3) of the statutes is amended to read:
SB368,44,1411
853.50
(3) "Issue" means children, grandchildren, great-grandchildren, and
12lineal descendants of more remote degrees, including those who occupy that relation
13by reason of adoption under s.
851.51 854.20 and
nonmarital children
who are not
14legitimate and their lineal descendants to the extent provided by s. 852.05.
SB368, s. 162
15Section
162. 853.51 (intro.) of the statutes is renumbered 853.51 (1) (intro.).
SB368, s. 163
16Section
163. 853.51 (1) of the statutes is renumbered 853.51 (1) (a), and 853.51
17(1) (a) 1., as renumbered, is amended to read:
SB368,44,2018
853.51
(1) (a) 1. Complete the blanks, boxes and lines
according to 19substantially in accordance with the instructions.
Any failure to comply with
20instructions described under s. 853.54 (3) does not affect the validity of the will.
SB368, s. 164
21Section
164. 853.51 (1) (bc) of the statutes is created to read:
SB368,44,2222
853.51
(1) (bc) The witnesses shall comply with s. 853.03 (2).
SB368, s. 165
23Section
165. 853.51 (2) of the statutes is repealed.
SB368, s. 166
24Section
166. 853.51 (2m) of the statutes is created to read:
SB368,45,3
1853.51
(2m) Any failure to comply with the instructions in a Wisconsin basic
2will or basic will with trust, other than the requirements for the testator's and
3witnesses' signatures, does not affect the validity of the will.
SB368, s. 167
4Section
167. 853.55 (NOTICE) 6. of the statutes is amended to read:
SB368,45,105
853.55
(NOTICE) 6. THE WITNESSES TO THIS WILL SHOULD NOT BE
6PEOPLE WHO MAY RECEIVE PROPERTY UNDER THIS WILL. YOU SHOULD
7READ AND CAREFULLY FOLLOW THE WITNESSING PROCEDURE
8DESCRIBED AT THE END OF THIS WILL.
ALL OF THE WITNESSES MUST
9WATCH YOU SIGN THIS WILL. EACH WITNESS MUST SIGN HIS OR HER
10NAME WITH YOU AND THE OTHER WITNESS PRESENT.
SB368, s. 168
11Section
168. 853.55 (NOTICE) 9. of the statutes is amended to read:
SB368,45,1312
853.55
(NOTICE) 9. THIS WILL TREATS ADOPTED CHILDREN AS IF
13THEY ARE
NATURAL BIRTH CHILDREN.
SB368, s. 169
14Section
169. 853.55 (Article 3) 3.3. of the statutes is repealed and recreated
15to read:
SB368,45,1616
853.55
(Article 3) 3.3. BOND.
SB368,45,2017
My signature in this box means I request that a bond, as set by law, be required
18for each individual personal representative or guardian named in this will. IF I DO
19NOT SIGN IN THIS BOX, I REQUEST THAT A BOND NOT BE REQUIRED FOR
20ANY OF THOSE PERSONS.
SB368,45,2222
I sign my name to this Wisconsin Basic Will on ....... (date), at ........ (city), ........ (state).
SB368,45,2323
Signature of Testator
SB368,45,2524
STATEMENT OF WITNESSES (You must use two witnesses, who should be
25adults.)
SB368,46,4
1I declare that the testator signed the will in front of me, acknowledged to me
2that this document was his or her will
or acknowledged to me that the signature
3above is his or her signature. The testator appears to me to be of sound mind and
4not under undue influence.
SB368,46,55
Signature Residence Address: